PALESTINIAN CENTRE FOR HUMAN RIGHTS

PRESS RELEASE

Ref: 81/2003

Date: 28 June 2003

Israeli military commander in the Gaza Strip uses administrative detention order to evade judicial procedures

 The Israeli military commander in the Gaza Strip issued a military order placing a Palestinian detainee, Ahmed Isma'il Abu Rouk, 30, from Khuza'a village in Khan Yunis, under a 6-month administrative detention.  PCHR is concerned that this order is being used to halt military court proceedings initiated against Abu Rouk by the Israeli military prosecution for fear of a probable acquittal.  PCHR had expected that a further court session in this case, scheduled to take place in July, would have freed Abu Rouk on the basis of a lack of evidence to substantiate the charges made against him. 

Abu Rouk has been detained by Israeli occupying forces in a detention centre in Erez since he was arrested at his house in Khuza'a village in Khan Yunis on 13 February 2003.  An Israeli lawyer, retained by PCHR, has visited Abu Rouk in detention and provided representation in court.   

In the opening sessions of the trial, the Israeli military prosecution requested that Abu Rouk be sentenced to 2 years in prison, on charges of being a member of "an illegal organization".  The prosecution claimed that Abu Rouk was a member of the Ahmed Abu al-Rish Brigade of the Fatah movement.  This was the only charge included in the bill of indictment submitted against Abu Rouk.  Later, the military prosecution presented a deal offering Abu Rouk a shortened sentence of a four-month prison term in reward for a confession to the charge against him. PCHR's legal team believed that the deal was offered because the military prosecution did not have sufficient evidence to acquire a conviction on this charge.  PCHR refused the deal and continued to pursue the case before the court.  PCHR's lawyer was informed on 26 June 2003 that the GOC of the Southern Command, Major General Doron Almoge, had issued a military order placing Abu Rouk under administrative detention for a period of six months.  According to procedure, the bill of indictment against Abu Rouk has been withdrawn.  PCHR's lawyer is waiting for notification of the start date of the period of administrative detention. 

PCHR believes that this Israeli military order is being used to halt the military court proceedings against Abu Rouk because the Israeli military prosecution is aware that it has insufficient evidence for a conviction.   Israeli military administrative detention orders are issued without recourse to any judicial procedures, including knowledge of the charge, the right to a hearing before a competent body, the right of appeal, and the right to defense.  PCHR reiterates its condemnation of the continued use, by the Israeli military, of administrative detention orders which fail to reach minimum international human rights standards, including the right to a fair trial. 

Israeli occupying forces have used administrative detention orders against Palestinians since the beginning of the occupation of the Gaza Strip and West Bank, including Jerusalem, in 1967.   The use of this measure has been stepped up since the beginning of the current Intifada.          

Public Document

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